RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
01719
                                             INDEX CODE:  100.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  28 NOVEMBER 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be authorized  to  now  sign  up  for  the  Veterans’  Education
Assistance Program (VEAP) and subsequent Montgomery GI Bill Act  of
1984 (MGIB).

___________________________________________________________________

APPLICANT CONTENDS THAT:

There is no record of him ever accepting  or  declining  the  VEAP.
During VEAP registration in 1985, he was TDY to numerous  locations
following UPT and was never offered the opportunity to sign-up  for
the program.  There is no DD Form  2057,  Contributory  Educational
Assistance Program Statement of  Understanding  or  DD  Form  2366,
Montgomery GI Bill Act of 1984 (MGIB) on file.

In support of his application, applicant provided copies of e-mails
between the applicant, his  MPF,  and  HQ  ACC  Education  Services
Office.

Applicant’s complete submission, with attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended  active  duty  in  the
grade of Colonel.  His Total Active  Federal  Military  Service  Date
(TAFMSD) is 3 Sep 79.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAT recommends denial.  Approval of this request will  violate
the law as relief is only available if Congress  enacts  legislation.
The Department of Veterans Affairs and Defense Finance and Accounting
Service records show the applicant never initiated a VEAP account  by
making an initial deposit.

The VEAP was enacted by Congress to provide  education  benefits  for
individuals entering active duty between 1 Jan 77 and 30 Jun 85.  The
Montgomery GI Bill (MGIB) was enacted and became effective 1 Jul  85.
VEAP was a voluntary program that offered a maximum $8100.00  benefit
to participants.

Air Force guidance required all eligible personnel  to  hear  a  VEAP
briefing at accession training, upon entry to active duty,  one  year
thereafter, and at newcomer’s briefings subsequent to each PCS  move.
Information was  also  provided  on  leave  and  earnings  statements
(LESs), at commander’s calls, in daily  bulletins,  base  newspapers,
personal letters, and on demand at base education offices.   The  Air
Force conducted  an  aggressive  publicity  campaign  and  held  mass
briefings  during  1985-87  to  inform  nonparticipants   of   VEAP’s
termination, and that the last date to become a  participant  was  31
Mar 87.  The above listed methods were used to contact individuals of
the enrollment deadline.  Individuals desiring to take  advantage  of
the program were told to  start  an  allotment--or  make  an  initial
deposit--at the local accounting and finance office.

Congress  later  opened  two  windows   of   opportunity   for   VEAP
participants to convert their benefits to the  more  lucrative  MGIB.
The first open window from 1996-1997 allowed those VEAP  participants
with money in an account  to  convert  while  the  second  window  of
opportunity in 2001 allowed those having money or, at one  time,  had
money in a VEAP account to convert.

DPPAT found no evidence that the applicant was unaware of the program
or that a rigorous TDY schedule prejudiced  him  for  over  8  years,
preventing an initial $25 deposit to establish a VEAP  account  prior
to 1 Apr 87.  The applicant chose not to participate in VEAP  by  not
making an initial deposit and, therefore, did not qualify for  either
of the MGIB  conversion  windows.   His  record  correctly  does  not
include a DD Form 2366.  Air Force policy and procedures relative  to
VEAP were more than adequate and provided equal opportunity  for  all
VEAP-era individuals to be made  aware  of  VEAP  and  make  informed
enrollment decisions.   The  Air  Force  is  not  responsible  for  a
personal decision made relative to  a  voluntary  program  when  that
program  was  well-known  and  regularly  briefed  to  all   eligible
personnel.  Nor was there error regarding the inclusion of a DD  Form
2057  in  the  applicant’s  record  since  the  program  was   widely
publicized throughout DoD.

The complete evaluation is at Exhibit B.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 Jun 05, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and response within 30 days.  As  of  this
date, no response has been received by this office (Exhibit C).

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing
law or regulations.

2.  The application was not timely filed; however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error or injustice.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case; however, we agree with the opinion and recommendation of  the
Air Force office of primary responsibility and adopt its  rationale
as the basis for our conclusion that the applicant has not been the
victim of an error or injustice.   Therefore,  in  the  absence  of
evidence to the contrary, we find no compelling basis to  recommend
granting the relief sought in this application.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified  that  the  evidence  presented  did  not
demonstrate the existence of material error or injustice; that  the
application was denied without a personal appearance; and that  the
application will only be reconsidered upon the submission of  newly
discovered relevant evidence not considered with this application.

___________________________________________________________________

The following members of the Board considered Docket Number BC-2005-
01719 in Executive Session on 24 August 2005, under the  provisions
of AFI 36-2603:

      Ms. Kathleen F. Graham, Panel Chair
      Mr. Michael K. Gallogly, Member
      Mr. John B. Hennessey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 May 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAT, dated 7 Jun 05.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jun 05.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair